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90_HB3440 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11 Amends the Illinois Public Aid Code in provisions regarding child care assistance. Provides that the Department of Human Services shall conduct market rate surveys, one to be completed by July 1, 1999, and one by July 1 each year thereafter. Provides that the Department shall adjust rates paid for child care at least annually beginning no later than January 1, 1999, so that on or before January 1, 2002, rates are established at the 75th percentile or higher of the market rate for each of the various types of care as determined by the market rate survey conducted by the Department to be completed by July 1, 1998, and subsequent market rate surveys conducted by the Department. Effective immediately. LRB9010742SMpkA LRB9010742SMpkA 1 AN ACT to amend the Illinois Public Aid Code by changing 2 Section 9A-11. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Public Aid Code is amended by 6 changing Section 9A-11 as follows: 7 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) 8 Sec. 9A-11. Child Care. 9 (a) The General Assembly recognizes that families with 10 children need child care in order to work. Child care is 11 expensive and families with low incomes, including those who 12 are transitioning from welfare to work, often struggle to pay 13 the costs of day care. The General Assembly understands the 14 importance of helping low income working families become and 15 remain self-sufficient. The General Assembly also believes 16 that it is the responsibility of families to share in the 17 costs of child care. It is also the preference of the 18 General Assembly that all working poor families should be 19 treated equally, regardless of their welfare status. 20 (b) To the extent resources permit, the Illinois 21 Department shall provide child care services to parents or 22 other relatives as defined by rule who are working or 23 participating in employment or Department approved education 24 or training programs. At a minimum, the Illinois Department 25 shall cover the following categories of families: 26 (1) recipients of TANF under Article IV 27 participating in work and training activities as 28 specified in the personal plan for employment and 29 self-sufficiency; 30 (2) families transitioning from TANF to work; 31 (3) families at risk of becoming recipients of -2- LRB9010742SMpkA 1 TANF; 2 (4) families with special needs as defined by rule; 3 and 4 (5) working families with very low incomes as 5 defined by rule. 6 The Department shall specify by rule the conditions of 7 eligibility, the application process, and the types, amounts, 8 and duration of services. Eligibility for child care 9 benefits and the amount of child care provided may vary based 10 on family size, income, and other factors as specified by 11 rule. In determining income eligibility for child care 12 benefits, the Department shall establish, by rule, one income 13 threshold for each family size, in relation to percentage of 14 State median income for a family of that size, that makes 15 families with incomes below the specified threshold eligible 16 for assistance and families with incomes above the specified 17 threshold ineligible for assistance. In determining 18 eligibility for assistance, the Department shall not give 19 preference to any category of recipients or give preference 20 to individuals based on their receipt of benefits under this 21 Code. It is the intent of the General Assembly that, for 22 fiscal year 1998, to the extent resources permit, the 23 Department shall establish an income eligibility threshold of 24 50% of the State median income. Notwithstanding the income 25 level at which families become eligible to receive child care 26 assistance, any family that is already receiving child care 27 assistance on the effective date of this amendatory Act of 28 1997 shall remain eligible for assistance for fiscal year 29 1998. Nothing in this Section shall be construed as 30 conferring entitlement status to eligible families. The 31 Illinois Department is authorized to lower income eligibility 32 ceilings, raise parent co-payments, create waiting lists, or 33 take such other actions during a fiscal year as are necessary 34 to ensure that child care benefits paid under this Article do -3- LRB9010742SMpkA 1 not exceed the amounts appropriated for those child care 2 benefits. These changes may be accomplished by emergency 3 rule under Section 5-45 of the Illinois Administrative 4 Procedure Act, except that the limitation on the number of 5 emergency rules that may be adopted in a 24-month period 6 shall not apply. The Illinois Department may contract with 7 other State agencies or child care organizations for the 8 administration of child care services. 9 (c) Payment shall be made for child care that otherwise 10 meets the requirements of this Section and applicable 11 standards of State and local law and regulation, including 12 any requirements the Illinois Department promulgates by rule 13 in addition to the licensure requirements promulgated by the 14 Department of Children and Family Services and Fire 15 Prevention and Safety requirements promulgated by the Office 16 of the State Fire Marshal and is provided in any of the 17 following: 18 (1) a child care center which is licensed or exempt 19 from licensure pursuant to Section 2.09 of the Child Care 20 Act of 1969; 21 (2) a licensed child care home or home exempt from 22 licensing; 23 (3) a licensed group child care home; 24 (4) other types of child care, including child care 25 provided by relatives or persons living in the same home 26 as the child, as determined by the Illinois Department by 27 rule. 28 (d) The Illinois Department shall, by rule, require 29 co-payments for child care services by any parent, including 30 parents whose only income is from assistance under this Code. 31 The co-payment shall be assessed based on a sliding scale 32 based on family income, family size, and the number of 33 children in care. 34 (e) The Illinois Department shall conduct a market rate -4- LRB9010742SMpkA 1 survey based on the cost of care and other relevant factors 2 which shall be completed by July 1, 1998, another to be 3 completed by July 1, 1999, and one to be completed by July 1 4 each year thereafter. 5 (f) The Illinois Department shall, by rule, set rates to 6 be paid for the various types of child care. Child care may 7 be provided through one of the following methods: 8 (1) arranging the child care through eligible 9 providers by use of purchase of service contracts or 10 vouchers; 11 (2) arranging with other agencies and community 12 volunteer groups for non-reimbursed child care; 13 (3) (blank); or 14 (4) adopting such other arrangements as the 15 Department determines appropriate. 16 The Department shall adjust rates at least annually 17 beginning no later than January 1, 1999, so that on or before 18 January 1, 2002, rates are established at the 75th percentile 19 or higher of the market rate for each of the various types of 20 care as determined by the market rate survey, conducted 21 pursuant to subsection (e), to be completed by July 1, 1998, 22 and subsequent market rate surveys conducted by the 23 Department. 24 (g) Families eligible for assistance under this Section 25 shall be given the following options: 26 (1) receiving a child care certificate issued by 27 the Department or a subcontractor of the Department that 28 may be used by the parents as payment for child care and 29 development services only; or 30 (2) if space is available, enrolling the child with 31 a child care provider that has a purchase of service 32 contract with the Department or a subcontractor of the 33 Department for the provision of child care and 34 development services. The Department may identify -5- LRB9010742SMpkA 1 particular priority populations for whom they may request 2 special consideration by a provider with purchase of 3 service contracts, provided that the providers shall be 4 permitted to maintain a balance of clients in terms of 5 household incomes and families and children with special 6 needs, as defined by rule. 7 (Source: P.A. 90-17, eff. 7-1-97.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.
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